The
City of New Carrollton, recognizing that our system of representative
government is dependent in part upon the people maintaining the highest
trust in their public officials and employees, finds and declares
that the people have a right to be assured that the impartiality and
independent judgment of public officials and employees will be maintained.

For
the purpose of guarding against improper influence, the New Carrollton
City Council enacts this Public Ethics Ordinance to require City of
New Carrollton elected officials, appointed officials, employees,
and individuals appointed to boards and commissions to disclose their
financial affairs and to set minimum standards for the conduct of
local government business.

A corporation, general or limited partnership, sole proprietorship,
joint venture, unincorporated association or firm, institution, trust,
foundation, or other organization, whether or not operated for profit.

For the purposes of § 12-8 of this chapter, if lobbying is only a portion of a person's employment, "compensation" means a prorated amount based on the time devoted to lobbying compared to the time devoted to other employment duties.

Ownership of any interest as the result of which the owner has
received, within the past three years, or is presently receiving,
or in the future is entitled to receive, more than one thousand dollars
($1,000.) per year; or

Ownership, or the ownership of securities of any kind representing
or convertible into ownership, of more than three-percent (3%) of
a business entity by a City of New Carrollton official or employee
or the spouse of an official or employee.

"Gift" does not include a political campaign contribution regulated
under Election Law Article, Annotated Code of Maryland, or any other
provision of state or local law regulating the conduct of elections
or the receipt of political campaign contributions.

An interest in an insurance policy, endowment policy, or annuity
contract under which an insurer promises to pay a fixed amount of
money either in a lump sum or periodically for life or a specified
period;

A mutual fund that is publicly traded on a national scale unless
the mutual fund is composed primarily of holdings of stocks and interests
in a specific sector or area that is regulated by the City of New
Carrollton.

If a conflict of interest under § 12-5 of this chapter or other conflict prohibits the City Solicitor from assisting the Commission in a matter, the City shall provide sufficient funds for the Commission to hire independent counsel for the duration of the conflict.

The
Commission or an office designated by the Commission shall retain
as a public record all forms submitted by any person under this chapter
for at least four (4) years after receipt by the Commission.

The Commission shall certify to the State Ethics Commission on or
before October 1 of each year that the City of New Carrollton is in
compliance with the requirements of State Government Article, Title
15, Subtitle 8, Annotated Code of Maryland, for elected local officials.

The Commission shall respond promptly to a request for an advisory
opinion and shall provide interpretations of this chapter based on
the facts provided or reasonably available to the Commission within
sixty (60) days of the request.

In accordance with all applicable state and City laws regarding public
records, the Commission shall publish or otherwise make available
to the public copies of the advisory opinions, with the identities
of the subjects deleted.

If there is a reasonable basis for believing a violation has occurred,
the subject of the complaint shall be given an opportunity for a hearing
conducted in accordance with the applicable Commission rules of procedure.

The Commission may adopt additional policies and procedures related
to complaints, complaint hearings, the use of independent investigators
and staff, the use of witness and document subpoenas, and cure and
settlement agreements.

The Commission may grant exemptions to or modifications of the conflict
of interest and financial disclosure provisions of this chapter to
officials or employees serving as members of City Boards and Commissions,
when the Commission finds that the exemption or modification would
not be contrary to the purposes of this chapter, and the application
of this chapter would:

Assess a late fee of two dollars ($2.) per day up to a maximum of two hundred fifty dollars ($250.) for a failure to timely file a financial disclosure statement required under § 12-6 or 12-7 of this chapter; and

Assess a late fee of ten dollars ($10.) per day up to a maximum of two hundred fifty dollars ($250.) for a failure to file a timely lobbyist registration or lobbyist report required under § 12-8 of this chapter.

Except in the exercise of an administrative or ministerial duty
that does not affect the disposition or decision of the matter, any
matter in which, to the knowledge of the official or employee, the
official or employee or a qualified relative of the official or employee
has an interest.

A business entity with which the official or employee or, to
the knowledge of the official or employee, a qualified relative is
negotiating employment or has any arrangement concerning prospective
employment;

If the contract reasonably could be expected to result in a
conflict between the private interests of the official or employee
and the official duties of the official or employee, a business entity
that is a party to an existing contract with the official or employee,
or which, to the knowledge of the official or employee, is a party
to a contract with a qualified relative;

An entity, doing business with the City, in which a direct financial
interest is owned by another entity in which the official or employee
has a direct financial interest, if the official or employee may be
reasonably expected to know of both direct financial interests; or

Except as permitted by regulation of the Commission when the interest
is disclosed or when the employment does not create a conflict of
interest or appearance of conflict, an official or employee may not:

An official or employee who is appointed to a regulatory or
licensing authority pursuant to a statutory requirement that persons
subject to the jurisdiction of the authority be represented in appointments
to the authority;

Subject to other provisions of law, a member of a board or commission
in regard to a financial interest or employment held at the time of
appointment, provided the financial interest or employment is publicly
disclosed to the appointing authority and the Commission;

An official or employee whose duties are ministerial, if the
private employment or financial interest does not create a conflict
of interest or the appearance of a conflict of interest, as permitted
and in accordance with regulations adopted by the Commission; or

Employment or financial interests allowed by regulation of the
Commission if the employment does not create a conflict of interest
or the appearance of a conflict of interest or the financial interest
is disclosed.

A former official or employee may not assist or represent any party
other than the City for compensation in a case, contract, or other
specific matter involving the City if that matter is one in which
the former official or employee significantly participated as an official
or employee.

Until the conclusion of the next regular session that begins after
the elected official leaves office, a Mayor or a former member of
the City Council may not assist or represent another party for compensation
in a matter that is the subject of legislative action.

Contingent
compensation. Except in a judicial or quasi-judicial proceeding, an
official or employee may not assist or represent a party for contingent
compensation in any matter before or involving the City.

Has financial interests that may be substantially and materially
affected, in a manner distinguishable from the public generally, by
the performance or nonperformance of the official duties of the official
or employee;

Reasonable expenses for food, travel, lodging, and scheduled
entertainment of the official or the employee at a meeting which is
given in return for the participation of the official or employee
in a panel or speaking engagement at the meeting;

Gifts of tickets or free admission extended to an elected official
to attend a charitable, cultural, or political event, if the purpose
of this gift or admission is a courtesy or ceremony extended to the
elected official's office;

A specific gift or class of gifts that the Commission exempts
from the operation of this section upon a finding, in writing, that
acceptance of the gift or class of gifts would not be detrimental
to the impartial conduct of the business of the City of New Carrollton
and that the gift is purely personal and private in nature;

Disclosure
of confidential information. Other than in the discharge of official
duties, an official or employee may not disclose or use confidential
information that the official or employee acquired by reason of the
official's or employee's public position and that is not
available to the public for the economic benefit of the official or
employee or that of another person.

An individual or a person that employs an individual who assists
a City of New Carrollton agency or unit in the drafting of specifications,
an invitation for bids, or a request for proposals for a procurement
may not submit a bid or proposal for that procurement, or assist or
represent another person, directly or indirectly, who is submitting
a bid or proposal for the procurement.

This shall not apply to City employees who marry after they are already
City employees. However, in such a situation, neither City employee
may directly or indirectly supervise the other City employee, and
where possible, they should not work in the same department nor work
together.

No elected or appointed City official shall use the prestige of his
or her office to advance his or her own political interests, private
interest or the private interest of any other person or entity, whether
for profit or nonprofit.

No elected or appointed City official or City employee may seek monetary
or nonmonetary favors or contributions from any person or entity who
is subject to that person's official duties. Contributions from
any person or entity over which such City official or City employee
has any responsibility to approve or inspect the work of or in any
way approve contracts with, zoning of property in which the person
or entity has a direct or indirect interest (including any professional
or nonprofessional fee), permits, or the like. In no case shall any
City official or City employee seek monetary or nonmonetary gifts
or favors or contributions from any person or entity seeking a contract
with the City, any person or entity involved directly or indirectly
with any zoning or permit request before any City department, board,
commission, or the Mayor and City Council.

This does not include City employees discharging their official
job duties as laid out in their official City position descriptions.

Except as provided in Subsection D of this section, an elected official, candidate to be an elected official or City appointee identified in Subsection A above shall file the Financial Disclosure Statement required under this subsection:

An individual who is appointed to fill a vacancy in an office for
which a Financial Disclosure Statement is required and who has not
already filed a Financial Disclosure Statement shall file a statement
for the preceding calendar year within 30 days after appointment.

Except for an elected official or appointee who has filed a Financial
Disclosure Statement under another provision of this section for the
reporting period, a candidate to be an elected official shall file
a Financial Disclosure Statement each year beginning with the year
in which the certificate of candidacy is filed through the year of
the election.

On or before the earlier of April 30 or the last day for the withdrawal
of candidacy in the year of the election when the certificate of candidacy
is filed, no later than the filing of the certificate of candidacy.

In the year of the election, a first interim report of campaign contributions
and expenditures since the date of the last preceding regular election
and prior to the seventh Monday preceding the election shall be filed
no later than 5:00 p.m. of the 31st day, including Sundays and legal
holidays, prior to a general or special election. A second interim
report of campaign contributions and expenditures received between
the seventh Monday preceding the election and prior to the third Monday
preceding the election shall be filed no later than 12:00 noon on
the second Friday preceding the election. A final report of campaign
contributions and expenditures not previously reported shall be filed
no later than 12:00 noon of the Friday following the election.

Each candidate for the office of council member and the designated
campaign treasurer shall file with the City Clerk reports as specified
below which shall list each contribution, including any contribution
of an in-kind service, and expenditure of more than twenty-five dollars
($25.) or less. The reports shall include all contributions received
and expenditures made by the candidate or, with the knowledge of the
candidate or the candidate's treasurer, by any other person.
The reports shall include contributions made by the candidate or a
member of his/her immediate family. All reports filed shall be available
for examination by any member of the public during the normal office
hours of the City Clerk.

May file the statement required under § 12-6D(2)(a) of this chapter with the City Clerk or Board of Election Supervisors with the certificate of candidacy or with the Commission prior to filing the certificate of candidacy; and

If a candidate fails to file a statement required by this section
after written notice is provided by the City Clerk or Board of Election
Supervisors at least 20 days before the last day for the withdrawal
of candidacy, the candidate is deemed to have withdrawn the candidacy.

Within 30 days of the receipt of a statement required under this
section, the City Clerk or Board of Election Supervisors shall forward
the statement to the Commission, or an office designated by the Commission.

The Commission or office designated by the Commission shall make
Financial Disclosure Statements available during normal office hours
for examination and copying by the public, subject to reasonable fees
and administrative procedures established by the Commission.

Upon request by the individual whose Financial Disclosure Statement
was examined or copied, the Commission or the office designated by
the Commission shall provide the individual with a copy of the name
and home address of the person who reviewed the individual's
Financial Disclosure Statement.

If any interest was transferred, in whole or in part, at any
time during the reporting period, a description of the interest transferred,
the nature and amount of the consideration received for the interest,
and the identity of the person to whom the interest was transferred;
and

A statement filed under this section shall include a schedule
of all interests in any corporation, partnership, limited-liability
partnership, or limited-liability corporation, regardless of whether
the corporation or partnership does business with the City of New
Carrollton.

With respect to any interest transferred, in whole or in part,
at any time during the reporting period, a description of the interest
transferred, the nature and amount of the consideration received for
the interest, and, if known, the identity of the person to whom the
interest was transferred; and

A statement filed under this section shall include a schedule of all interests in any business entity that does business with the City of New Carrollton, other than interests reported under Subsection G(2) of this section.

With respect to any interest transferred, in whole or in part,
at any time during the reporting period, a description of the interest
transferred, the nature and amount of the consideration received in
exchange for the interest, and, if known, the identity of the person
to whom the interest was transferred; and

A statement filed under this section shall include a schedule
of each gift in excess of twenty dollars ($20.) in value or a series
of gifts totaling one hundred dollars ($100.) or more received during
the reporting period from or on behalf of, directly or indirectly,
any one person who does business with the City of New Carrollton.

A statement filed under this section shall include a schedule
of all offices, directorships, and salaried employment by the individual
or member of the immediate family of the individual held at any time
during the reporting period with entities doing business with the
City of New Carrollton.

The name of each City of New Carrollton agency with which the entity is involved as indicated by identifying one or more of the three categories of "doing business," as defined in § 12-3 of this chapter.

A statement filed under this section shall include a schedule
of all liabilities, excluding retail credit accounts, to persons doing
business with the City of New Carrollton owed at any time during the
reporting period:

Employment with the City of New Carrollton. A statement filed under
this section shall include a schedule of the immediate family members
of the individual employed by the City of New Carrollton in any capacity
at any time during the reporting period.

A statement filed under this section shall include a schedule
of the name and address of each place of employment and of each business
entity of which the individual or a member of the individual's
immediate family was a sole or partial owner and from which the individual
or member of the individual's immediate family received earned
income, at any time during the reporting period.

A minor child's employment or business ownership need not
be disclosed if the agency that employs the individual does not regulate,
exercise authority over, or contract with the place of employment
or business entity of the minor child.

The Commission shall review the Financial Disclosure Statements submitted
under this section for compliance with the provisions of this section
and shall notify an individual submitting the statement of any omissions
or deficiencies.

Financial Disclosure Statements required to be filed. Those individuals identified in Subsections A and B above must file an annual Conflict of Interest Disclosure Statement provided by the City with the Commission. The statement shall disclose those interests, gifts, compensated positions, and liabilities that may create a conflict, as provided in § 12-5 of this chapter, between the individual's personal interests and the individual's duties. A statement required under this section shall be filed annually, not later than April 30 of each calendar year during which the individual is requred to file. A statement filed under this section shall be updated by the person filing the statement to disclose those interests, gifts, compensated positions, and liabilities that occur after the initial filing that may create a conflict, as described hereinabove.

Except as provided in Subsections B and C of this section, a person or entity who engages in lobbying as defined in § 12-3 shall file a lobbying registration with the Commission if the person or entity, during the calendar year;

Professional services in drafting bills or in advising and rendering
opinions to clients as to the construction and effect of proposed
or pending City actions when these services do not otherwise constitute
lobbying activities;

Appearances before the New Carrollton City Council upon its specific
invitation or request if the person or entity engages in no further
or other activities in connection with the passage or defeat of City
Council actions;

Appearances before a City agency upon the specific invitation or
request of the agency if the person or entity engages in no further
or other activities in connection with the passage or defeat of any
agency executive action;

Appearance as part of the official duties of a duly elected or appointed
official or employee of the state or a political subdivision of the
state, or of the United States, and not on behalf of any other entity;

Actions of a publisher or working member of the press, radio, or
television in the ordinary course of the business of disseminating
news or making editorial comment to the general public who does not
engage in further or other lobbying that would directly and specifically
benefit the economic, business, or professional interests of the person
or entity or the employer of the person or entity;

Appearances by an individual before the New Carrollton City Council
at the specific invitation or request of a registered lobbyist if
the person performs no other lobbying act and notifies the New Carrollton
City Council that the person or entity is testifying at the request
of the lobbyist;

Appearances by an individual before a government agency at the specific
invitation or request of a registered lobbyist if the person or entity
performs no other lobbying act and notifies the agency that the person
or entity is testifying at the request of the lobbyist;

Appearance as part of the official duties of an officer, director,
member, or employee of an association engaged exclusively in lobbying
for counties and municipalities and not on behalf of any other entity.

A person or entity who compensates one or more lobbyists and who
would otherwise be required to register as a lobbyist is not required
to file a registration and submit lobbying reports if the person or
entity reasonably believes that all expenses incurred in connection
with the lobbying activities will be reported by a properly registered
person or entity acting on behalf of the person or entity.

The registration filed under this section shall be filed on or before
the later of the beginning of the calendar year in which the person
or entity expects to lobby and within five (5) days of first engaging
in lobbying activities in the calendar year.

The written authorization of any person or entity on whose behalf
the lobbyist acts or an authorized officer or agent, who is not the
lobbyist, of the person or entity on whose behalf the lobbyist acts.

The full legal signature of the lobbyist and, when appropriate,
the person or entity on whose behalf the lobbyist acts or an agent
or authorized officer of the person or entity on whose behalf the
lobbyist acts.

A person or entity may not engage in lobbying activities on behalf
of another person or entity for compensation that is contingent upon
the passage or defeat of any action by the New Carrollton City Council
or the outcome of any executive action.

Reasonable expenses for food, lodging, and scheduled entertainment
of City officials or employees for a meeting which is given in return
for participation in a panel or speaking engagement at the meeting;

With the six-month activity report required under Subsection H of this section, a lobbyist shall report, except for gifts reported in Subsection H(4)(b)[7] of this section, gifts from the lobbyist with a cumulative value of seventy-five dollars ($75.) or more during the reporting period to an official, employee, or member of the immediate family of an official or employee.

If any report filed under this section contains the name of an official
or employee, or a member of the immediate family of an official or
employee, the Commission shall notify the official or employee within
30 days.

Within 30 days of the notice required under Subsection J(1) of this section, the official or employee may file a written exception to the inclusion in the report of the name of the official, employee, or member of the immediate family of the official or employee.

The Commission shall review the registrations and reports filed under
this section for compliance with this section and shall notify persons
engaging in lobbying activities of any omissions or deficiencies.

Suspend the registration of an individual registered lobbyist if the Commission finds that the lobbyist has knowingly and willfully violated § 12-8 of this chapter or has been convicted of a criminal offense arising from lobbying activities.

Upon request of the Commission, the City Solicitor may file a petition
for injunctive or other relief in the Circuit Court of Prince George's
County, or in any other court having proper venue, for the purpose
of requiring compliance with the provisions of this chapter.

Except as provided in Subsection C(2) of this section, void an official action taken by an official or employee with a conflict of interest prohibited by this chapter when the action arises from or concerns the subject matter of the conflict and if the legal action is brought within ninety (90) days of the occurrence of the official action, if the court deems voiding the action to be in the best interest of the public; or

Any person who knowingly and willfully violates the provisions of § 12-8 of this chapter is guilty of a misdemeanor, and upon conviction, is subject to a fine of not more than one thousand dollars ($1,000.) or imprisonment for not more than one (1) year, or both.

If the person is a business entity and not a natural person, each
officer and partner of the business entity who knowingly authorized
or participated in the violation is guilty of a misdemeanor and, upon
conviction, is subject to the same penalties as the business entity.

A person who is subject to the provisions of this chapter shall obtain
and preserve all accounts, bills, receipts, books, papers, and documents
necessary to complete and substantiate a report, statement, or record
required under this chapter for three (3) years from the date of filing
the report, statement, or record.

If any section, sentence, clause, or phrase of this chapter
is held invalid or unconstitutional by any court of competent jurisdiction,
the ruling shall not affect the validity of the remaining portions
of this chapter.